[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73314-73315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28015]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-972 (Rescission)]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same; Commission Decision To 
Institute a Rescission Proceeding; Rescission of a Limited Exclusion 
Order and Cease and Desist Orders; Termination of Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to institute a rescission 
proceeding in the above-captioned investigation and to grant a joint 
motion for rescission of a limited exclusion order (``LEO'') and three 
cease and desist orders (``CDOs'') previously issued in the 
investigation. The LEO and CDOs are rescinded, and the rescission 
proceeding is terminated.

[[Page 73315]]


FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 20, 2015, based on a complaint filed by Diebold 
Incorporated and Diebold Self-Service Systems (collectively, 
``Diebold''). 80 FR 72735-36 (Nov. 20, 2015). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain automated teller machines, ATM modules, components thereof, and 
products containing the same by reason of infringement of certain 
claims of six United States Patents, including U.S. Patent No. 
6,082,616 (``the '616 patent''); and U.S. Patent No. 7,832,631 (``the 
'631 patent''). Id. The notice of investigation named as respondents 
Nautilus Hyosung Inc. of Seoul, Republic of Korea; Nautilus Hyosung 
America Inc. of Irving, Texas (collectively, ``Nautilus''); and HS 
Global, Inc. of Brea, California (``HS Global''). Id. at 72736. The 
Office of Unfair Import Investigations was not named as a party. Id. 
Nautilus Hyosung Inc. subsequently changed its name to Hyosung TNS Inc. 
See Commission Order Amending the Remedial Orders at 1 n.1 (Aug. 13, 
2019).
    On May 19, 2017, the Commission terminated the investigation with a 
finding of violation of section 337 as to certain claims of the '616 
patent and '631 patent. 82 FR 24143-44 (May 25, 2017). The Commission 
issued a limited exclusion order prohibiting the entry of infringing 
automated teller machines, ATM modules, components thereof, and 
products containing the same, and (2) cease and desist orders directed 
to each of the three respondents. Id. at 24144. On August 13, 2019, the 
Commission amended the remedial orders to remove the references to the 
'616 patent, which had expired on June 2, 2018. Order at 2 (Aug. 13, 
2019); see generally Hyosung TNS Inc. v. ITC, 926 F.3d 1353, 1359 (Fed. 
Cir. 2019) (finding any disputes concerning the '616 patent to have 
been mooted by that patent's expiration).
    On December 1, 2021, Diebold and Nautilus jointly filed 
confidential and public versions of a petition to rescind all of the 
remedial orders based on a settlement agreement. No responses to the 
petition were filed. Despite that HS Global is not a party to the 
settlement, Diebold and Nautilus seek the rescission of the remedial 
orders in their entirety. Diebold and Nautilus also moved that service 
among the private parties of the settlement agreement be limited to 
Diebold and Hyosung, and not to HS Global. The Commission has 
determined to grant that request concerning service.
    Having reviewed the petition and determined that it complies with 
Commission rules, see 19 CFR 210.76(a)(3), the Commission has 
determined to institute a rescission proceeding and to grant the 
petition. The LEO and the CDOs directed to each of the three 
respondents are hereby rescinded.
    The rescission proceeding is terminated.
    The Commission vote for this determination took place on December 
20, 2021.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: December 21, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-28015 Filed 12-23-21; 8:45 am]
BILLING CODE 7020-02-P